Case number and/or case name
Europlastic SRL.Roj: AAP B 5230/2004 - ECLI:ES:APB:2004:5230A Id Cendoj: 08019370142004200158
Details of the court
Spain, Second Instance
Articles referred to by the court
Brussels I
Article 34
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Article 35
Paragraph 1
Paragraph 2
Paragraph 3
Article 40
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
04 November 2004
CJEU's case law cited by the court
Summary
Application of Brussels I Regulation provisions to the enforcement of a foreign court decision in Spain.
The matter of the case is the enforcement in Spain of a foreign court decision from Italy. The plaintiff alleges the application of art. 53 in order to deny the enforcement (lack of a copy of the judgment which satisfies the conditions necessary to establish its authenticity and of the certificate referred to in article 54 of Brussels I Regulation).
Court decision: the foreign court decision must be enforced in Spain according to arts. 40, 41, 34 and 35. Art. 53 cannot be alleged.
In order to decide, the court makes an effective examination of the formal requirements of Brussels I Regulation for the enforcement of a foreign court decision delivered by another Member State.
Appeal history (not available in the database):
Court decision: Juzgado Primera Instancia 42 Barcelona. (Spain) (First instance)
Date: 23-07-2003